Doctrine Of Judicial Precedent & Its Hierarchy Of

The doctrine of agent, or st atomic number 18 decisis, lies at the heart of the slope legal get. The doctrine refers to the fact that in spite of appearance the hierarchical coordinate of the English hails, a decision of a higher judicature result be rear on a appeal lower that it in that power building. In general terms this way that when judges try cases they will check to see if a similar situation has recognize before a approach previously. If the agent was set by a court of sufficient or higher side to the court deciding the revolutionary case, then the judge in the present case should chase the rule of law established in the earlier case. Where the precedent is from a lower court in the hierarchy, the judge in the new case may not follow unless will certainly consider it. It is noteworthy that the doctrine of precedent depends for its operation upon the underlying principle that the courts form a hierarchy with each court standing in a distinct posi tion in relation to any other court. The structure of this hierarchy must now be considered for the purposes if the doctrine of precedent. Decisions of the highest courts be binding on lower courts. The reside of Lords decisions are binding on all other courts in the legal system, merely the House of Lords itself.

Below the hierarchy, the divisional courtyard is stand out by decisions of the House of Lords and Court of Appeal in both complaisant and criminal cases. It is also normally bound by its take in previous decisions but showcase to the same exceptions laid sight for the Court of Appeal, civil division, in Young v Bristol airplane Co Ltd. This would mean for exempl ification that if its previous decisions con! flict, a Divisional Court may look at which to follow and which to reject. The advantages of the precedent system are said to be consistency, certainty, efficiency and flexibility. Consistency provides a measure of formal justice to the extent that like cases are decided on a like basis. Certainty provides a measure of certainty to law. hence lawyers and their clients...If you want to get a full essay, order it on our website: OrderEssay.net

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